The old adage “Love finds a way” sometimes becomes a legal matter when romantic partners want to marry but are not in close proximity and cannot be physically together for the ceremony. In this case, they may choose a marriage by proxy. But how does a by-proxy marriage work in Colorado?
Under Colorado Title 14 Domestic Matters 14-2-109, the law states the following:
“If a party to a marriage is unable to be present at the solemnization, the absent party may authorize in writing a third person to act as the absent party’s proxy for purposes of solemnization of the marriage… If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, such person may solemnize the marriage by proxy.
A Denver, CO family lawyer can help you determine if a marriage by proxy is legally allowable for your circumstances. Contact us at (303) 451-0300 for a free case evaluation today.
What Does Colorado Law Require for By-Proxy Marriages?
Marriages by proxy most commonly occur when one partner is an active-duty military service member on deployment. Sometimes circumstances arise that necessitate a marriage by proxy rather than waiting until both parties are together. This could be due to pregnancy, the need to share medical benefits, or other conditions.
To get married by proxy, Colorado requires the following:
- Both parties must be at least 18 years old
- At least one party in the marriage must be a Colorado resident
- One party must be physically present to apply for a marriage license and pay the license fee, and the other party must submit an absentee affidavit form with a notarized signature
- The absent party must submit a written authorization for a third person to stand in as proxy during the ceremony or solemnization of the marriage
Finally, the officiant who performs the ceremony must be satisfied that the absent party has a valid reason for their physical absence, such as military deployment, and that the absent party has consented to the marriage. In some cases, parties seeking to marry may petition the court to grant an order authorizing a marriage by proxy if an officiant declines to perform the ceremony.
Limitations On Colorado’s Marriage by Proxy Law
Beginning in 2015, Colorado revised its marriage-by-proxy law to impose limits on the valid reasons for using a proxy for marriage. While some states allow proxy marriages for non-military reasons, such as incarceration, immigration, or travel restrictions, as with COVID, in Colorado, the only legally permissible reason for a marriage by proxy is military separation. Marriages by proxy in Colorado are only lawful during one party’s military deployment or for contractors associated with military operations or their employees.
Do I Need an Denver Family Lawyer for a By Proxy Marriage?
While it’s possible to obtain a marriage license by proxy without legal representation, a lawyer can streamline the process by ensuring that both parties and the process meet Colorado’s requirements, including all required paperwork, such as an absentee affidavit for the marriage license and the authorization for a third-person proxy. An attorney assists in finding an officiant to perform the marriage ceremony and ensures that both parties meet all necessary qualifications and complete all required paperwork to validate the marriage.